United States v. Nagel

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20677
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHESTER EDWARD NAGEL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-818-ALL
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Chester Edward Nagel appeals his conviction under 18 U.S.C.
§§ 922(g)(1) and 924(a)(2) for possession of a firearm by a
convicted felon. He argues that his intrastate possession of a
firearm that was manufactured outside the state was insufficient
to establish the nexus with interstate commerce required by 18
U.S.C. § 922(g)(1). He acknowledges that his argument is

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No. 02-20677
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foreclosed by Fifth Circuit precedent and states that he raises
the issue to preserve it for possible Supreme Court review.
Nagel’s argument has been rejected by this court in United
States v. Cavazos, 288 F.3d 706, 712-13 (5th Cir.), cert. denied,
123 S. Ct. 253 (2002), and United States v. Daugherty, 264 F.3d
513, 518 & n.12 (5th Cir. 2001), cert. denied, 534 U.S. 1150
(2002). Because this circuit’s precedent is still good law and
one panel of this court cannot overrule another absent
superceding Supreme Court or en banc authority, Nagel’s argument
is foreclosed. See United States v. Ruff, 984 F.2d 635, 640 (5th
Cir. 1993). Accordingly, the district court's judgment is
AFFIRMED.

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